Applicants applying under the investor programme can nominate various types of assets such as shares, cash deposits, properties, debt instruments and so on in accordance with the relevant provisions of the New Zealand Government Immigration Instructions.
The critical issue is proving “ownership” of the nominated assets. If your asset is held through a trust and you are only a beneficiary, then this asset cannot be nominated as Immigration New Zealand requires legal ownership.
Trust assets can only be nominated if the applicant is the settlor, trustee and beneficiary.
The nominated funds and/or assets can be owned either solely by the principal applicant or jointly by the principal applicant and their partner and/or dependent children who are included in the application.
In the past, Immigration New Zealand has allowed business assets to be nominated as investment funds provided the applicant was the only shareholder in the business and had control over the business. Recently, Immigration New Zealand has changed its position based on a recent decision from the Immigration Protection Tribunal (Decision Number 202028). Assets held by a business can no longer be nominated by an applicant. Therefore applicants will now need to nominate the shares in the business and acquire a valuation of the shares to declare to immigration New Zealand or nominate their shares as investment funds.
We have taken care to ensure that the information given is accurate, however it is intended for general guidance only and should not be relied upon in individual cases. Professional advice should be sought before any decision or action is taken as Immigration New Zealand’s Instructions change on a regular basis.